A big claim is making the rounds online: that the Biden-era hiring policies in California’s Environmental Protection Agency (CalEPA) are now under federal investigation. People are sharing headlines like “DOJ Goes After California for Hiring Based on Race,” and some are asking, “Is that even legal?” Others are wondering if this is just more political noise.
But here’s the truth: this is very real, and it’s a big deal.
This week, the U.S. Department of Justice (DOJ) officially launched an investigation into CalEPA over its hiring practices. The DOJ believes the agency may have broken federal law by using race, color, sex, and national origin as factors in deciding who gets hired or promoted. That’s a direct violation of Title VII of the Civil Rights Act of 1964, a law that says employers can’t treat people differently because of those characteristics.
So what exactly did CalEPA do?
According to a letter from the DOJ’s Civil Rights Division, the investigation focuses on a document CalEPA published called “Practices to Advance Racial Equity in Workforce Planning.” That document tells hiring managers to apply a “racial equity lens” at every step of the hiring process. It also says interview panels should be made up of people from different racial, ethnic, and gender backgrounds “as much as possible.”
The goal, according to CalEPA, was to reduce “in-group bias” – the idea that people tend to favor others who are like them. The document also suggests that hiring managers should include “cultural competency” and “lived experience” when they are scoring job applicants. In other words, they should consider someone’s background and life story, not just their job skills or education.
On the surface, this may sound like a well-meaning effort to make hiring more fair. But the DOJ says these practices may have gone too far – and may actually be discriminatory themselves.
“Race-based employment practices and policies in America’s local and state agencies violate equal treatment under the law,” said Harmeet Dhillon of the DOJ’s Civil Rights Division. She made it clear: if an agency uses race or sex as a deciding factor in employment, they’re breaking the law and could face “serious legal consequences.”
This isn’t just a slap on the wrist. If the DOJ finds that CalEPA has been choosing who to hire or promote based on race or sex, the agency could be forced to change its policies, offer compensation to affected employees, or even face lawsuits.
So how did we get here?
For years, California has pushed for “equity” in government hiring – a term that means making sure outcomes are fair across racial and gender lines. But critics have warned that “equity” often ends up meaning unequal treatment in practice. Instead of giving everyone the same opportunity, equity-based systems sometimes give preference to certain groups over others.
And that’s exactly what the DOJ is now investigating.
It’s worth noting that this investigation is happening under President Donald Trump’s DOJ, which has made clear it plans to enforce civil rights laws fairly and equally – not based on political trends or social activism. The message from Washington is simple: every American deserves to be judged by their qualifications, not their skin color or gender.
As of now, CalEPA hasn’t commented on the investigation. But you can bet other agencies across California – and maybe across the country – are paying close attention. If the DOJ finds that CalEPA broke the law, it could set off a wave of similar investigations in other state and local governments.
In the end, the core issue is simple: should public agencies judge people based on their race, or should they be colorblind? The law is clear, even if the politics are messy.
What happens next could shape hiring policies in government offices for years to come.